Planning Board Meeting 02/13/2018

Harwich Planning Board Agenda

Griffin Room, Town Hall

732 Main Street, Harwich

Tuesday, February 13, 2018 - 6:30 PM

Call to order - Recording & Taping Notification: As required by law, the Town may audio or video record this meeting.  Any person intending to either audio or video record this open session is required to inform the chair.

Public Hearing

1. Hearings

a.Continued: PB2017-32, Joshua A. & Jason D. Michniewicz, prospective owners under agreement, c/o David J. Michniewicz, P.E., representative. The application seeks approval of a Site Plan Review Special Permit pursuant to the Code of the Town of Harwich §325-55. The proposal seeks to construct a 6,000 SF, six-bay commercial structure and certain appurtenant site amenities for construction industry use. The property is located at 45 Main Street Extension, Map 45, Parcel H2-1, in the I-L Zoning Districts. Con’t from 01/23/2018.

b.Continued: PB2017-33, Stephen D. & Nancy Morris, owners, c/o Dan Speakman, representative. The application with waivers seeks approval of a Use Special Permit for a detached Accessory Apartment pursuant to the Code of the Town Harwich §325-51.H and Article V Use Regulations. The proposal seeks to construct a 725 SF, one bedroom dwelling unit and a single bay garage. The property is located at 11 Oliver Snow Road, Map 24, Parcel B3-A, in R-R Zoning Districts.  Con’t from 01/23/2018.

1. PB2018-01, Outer Cape Health Services, as applicant, c/o Eliza Cox, Esq., representative, Building Down The Road, LLC, owner, seeks approval of a Site Plan Review Special Permit with waivers with certain site improvements and a Use Special Permit for structures greater that 7,500 SF to establish a Medical Clinic / Office.  The application is pursuant to the Code of the Town of Harwich §325-51 and -55. The property is located at 710 Route 28, Map 15, Parcel K2, in the C-V & R-R Zoning Districts.

d.Zoning Amendment Public Hearing – Marijuana

To see if the Town will vote to amend the Town’s Zoning Bylaw, Article V, Use Regulations, §325-14 Supplemental Regulations, to include a new paragraph “R” that would provide as follows; further to amend Article II §325-2 Word usage and definitions to include, “Marijuana Establishment – Recreational”, as follows; and further to amend Article V, Use Regulations, §325-13, Table of Uses, D. Paragraph IV, Commercial Uses and Attachment 1 – Table 1 by inserting said use into the Use Table, as follows:

§325-14 Supplemental Regulations

R. Marijuana Establishment – Recreational are subject to special permit review pursuant to §325-51 and site plan review pursuant to §325-55. Recreational marijuana establishments shall be prohibited as an accessory use in all zoning districts. Recreational marijuana establishments are subject to the following standards:

1.Recreational marijuana establishments shall be located in stand-alone facilities and shall not be allowed within a building or structure containing other retail, commercial, residential, industrial, or other uses.

2.A minimum separation of 1000 feet, measured between lot lines, is required between recreational marijuana establishments and state-certified public or private schools, state-licensed day care centers, public park, recreation facilities and/or religious facilities.

3.No building permit for a recreational marijuana establishment shall issue until the applicant has executed a Host Community Agreement with the Town pursuant to G.L. c.94G, §3(d).

Recreational marijuana establishments shall be subject to the zoning moratorium adopted as §139-37 of this Bylaw.  Applicants may not apply for a special permit for recreational marijuana establishments prior to January 1, 2019.

§325-2 Word usage and definitions

MARIJUANA ESTABLISHMENT - RECREATIONAL

A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business as defined in G.L. c.94G, §1.

§325-13, Table of Uses, D. Paragraph IV, Commercial Uses and Attachment 1

Public Meeting

II. New Business* 

a.Minutes for 1/9/2018, 1/23/2018 - Vote to approve.

III.Old Business

a.Proposed Zoning Amendments for Green Communities: review and possible vote to refer to the Board of Board of Selectmen: As-of Right- Large-Scale Ground Mounted Solar Photovoltaic and related

IV.Briefings and Reports by Board Members

Adjourn

*Per the Attorney General’s Office: Boards/Commissions may hold an open session for topics not reasonably anticipated by the Chair 48 hours in advance of the meeting following “New Business”.

Subject to Change / Next Planning Board Meeting – Tuesday, February 27, 2018

The Town is not responsible for any errors in the electronic posting of this legal notice.

Requests for accommodations for any person having a disability can be made by contacting the Administration Office at 508.430.7514.

Authorized Posting Officer: Elaine Banta, ebanta@town.harwich.ma.us / 508.430.7511